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10/01/1996 - City Council Special MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 1, 1996 A special meeting of the Eagan City Council was held on Tuesday, October 1, 1996 at 5:00 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Hunter and Masin. Also present were City Administrator Tom Hedges, Director of Public Works Tom Colbert, Senior Planner Mike Ridley, Senior Planner Freese and City Attorney Jim Sheldon. The purpose of the meeting was to discuss a proposed ordinance amendment to the regulation of seasonal sales. VISITORS TO BE HEARD Mayor Egan asked if there were any visitors to be heard. There was no one present. SEASONAL OUTDOOR SALES City Administrator Hedges provided a general background on seasonal sales stating that the ordinance amendment was reviewed at a work session and at a public hearing of the Advisory Planning Commission in mid-summer and, due to a busy Council docket, it has not been scheduled for Council discussion until this meeting. He further stated that several local businesses were contacted that participated in the Advisory Planning Commission work session and were asked to attend this meeting. Mayor Egan acknowledged Al Baker representing Al Baker's Restaurant, Scott Smith representing Smitty's and Patsy Schroeder of the Annual Arts and Crafts Fest. City Administrator Hedges stated that some 50 to 100 notices were sent out to local businesses that engage in some type of seasonal sale events notifying them of the Advisory Planning Commission work session earlier this summer. • Senior Planner Freese reviewed the intent of the seasonal sales ordinance amendment and provided background on the comments and input by the Planning Commission. Al Baker appeared and expressed concern about the impact his business feels when SuperAmerica holds their periodic Wednesday and Thursday outdoor brat/hamburger promotions. He stated that trucks have caused deterioration to the bituminous surface of his parking lot, cars have taken parking spaces and the overall congestion has been a deterrent to his luncheon business. Mr. Baker further stated that regulations should be in place that require SuperAmerica to regulate their own traffic. .He stated to date, he has had a real frustration in that SuperAmerica is ignoring his concerns. City Councilmember Hunter asked how many of these promotional outdoor luncheons are held each year. Mr. Baker stated that there have been as many as four to five per summer and they are usually held for two (2) consecutive days. City Councilmember Wachter stated that he is in support of keeping the Code as is and enforcing the regulations as opposed to drafting more regulations and an ordinance amendment to deal with the issue. Mr. Baker stated that if SuperAmerica is planning to generate this type of business, they should be required to secure a permit that satisfies any and all conditions set forth by the City. Senior Planner Freese provided background on City Code 11.10, Subdivision 29 in addition to the history of how outdoor sales have been administered. She stated that outdoor storage current language was initially prepared to address outside storage and display of materials such as, salt pellets, window washer fluid and similar retail items. She further stated that the language also includes outdoor sale events. Senior Planner Freese continued on, stating that currently the short-term special use events are handled administratively, raising a question whether these events should either be regulated by a license or conditional use permit for action by the City Council. City Councilmember Wachter again stated that he supports enforcing the ordinance as it is today as opposed to introducing new language. Mayor Egan • agreed with City Councilmember Wachter, but stated that enforcement is a concern and cited an example EAGAN SPECIAL CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 0 6 v°2+t- • PAGE 2 of when a lane was closed on Lexington Avenue for the Haunted Hayride without any conditions or provisions set forth by the City. Senior Planner Freese explained that a conditional use permit or provision in the ordinance requiring an action by the City Council and requiring conditions would allow the City to enforce any violation; however, the downside is the amount of time a conditional use permit takes to process. City Attorney Sheldon clarified there is no process in the City Code to handle special outdoor sales administratively. There was discussion by the City Council regarding whether the issue should be handled as a land use or business licensing. City Attorney Sheldon stated there must be a City Code amendment to provide a licensing mechanism. Mayor Egan suggested that language be drafted whereby regulations would be made very narrow providing some administrative practice. He further stated that a policy outlining conditions for outdoor sales could be established and if these conditions are violated, an action would be necessary by the City Council. Senior Planner Freese explained the process and how it would work with the proposed ordinances adding definitions and performance standards. Mayor Egan further suggested that any retail business considering a seasonal outdoor sales must provide adequate parking and other appropriate buffering to mitigate traffic congestion and interference with any neighboring business. City Councilmember Hunter suggested the following language stating, "In no event, will parking be permitted on an adjacent parcel without the permission of the adjacent parcel owner." City Attorney Sheldon stated that whether the City decides to govern seasonal sales by land use or license, the action should be with the owner. He further stated that the owner should be in violation of either licensing or land use conditions, but not to create a situation where only a user receives a citation. • Scott Smith stated that he was appreciative of the City Council considering an amendment to the ordinance and supported language presented by staff. City Councilmembers discussed the appropriate hours of operation for seasonal outdoor sales. Mayor Egan suggested 10:00 a.m. to 10:00 p.m. as a reasonable time period. Patsy Schroeder stated that those hours would conflict with the church service and other events at the annual Arts & Craft show and would also violate the annual Fireworks event on July 4th. Because of extraordinary events such as the Fourth of July Fireworks, Councilmembers concurred that the hours for temporary events and seasonal outdoor sales should be from 7:00 a.m. to 1:00 a.m. as allowed in the existing Zoning Ordinance. After further discussion, Mayor Egan summarized the Council discussion by stating that the ordinance amendment as drafted by staff will be presented at a future City Council meeting for consideration. City Councilmember Wachter stated that if the seasonal sales ordinance amendment is enacted, there should be official notification in the newspaper and newsletter. He further stated that those businesses who are in violation, such as convenience stores that are selling salt pellets and other related items outside their place of business, should be sent a notice of violation. He further stated as a courtesy, the City should send a copy of the revised ordinance to all businesses who have held special events, if this new ordinance revision is enacted with the amendments discussed at this meeting. City Councilmember Masin asked if local businesses receive the City-wide newsletter on a regular basis. Al Baker stated that the newsletter is delivered to each business. Al Baker, Scott Smith, and Patsy Schroeder all thanked the City Council for the discussion and further expressed their appreciation for the Council giving consideration to an ordinance amendment that would provide the appropriate regulation for seasonal outdoor sales and special sale events. • EAGAN SPECIAL CITY COUNCIL MEETING MINUTES;OCTOBER 1, 1996 • PAGE 3 City Administrator Hedges stated that, as directed by Mayor Egan and the City Council, this item will be placed on a future agenda with every consideration given to the October 15 meeting. OTHER BUSINESS There was no other business. The meeting adjourned at 6:30 p.m. to the regular City Council meeting. TLH October 1, 1996 , A—)._ Date City Clerk • •